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present condition of his health that it would endanger his life, that this continuance is not sought for delay but that justice may be done. He therefore asks the court to grant him a continuance till the next term of the court &c. He herewith files the affidavit of Dr. Thos. B. Grayson, S.F. Stanley & D.J. Ransom and prays that the same may be taken a part of this application for a continuance
W.A. Milner

Sworn to and subscribed to before me this March 11th 1867
Wm Cotton Clk
D.C. F.C.

And Defendant Milner being further sworn deposes & says that he cannot go safely to trial for the want of the testimony of James Payne a citizen of Freestone County, Texas, that he has had a subpoena issued for him on the day of the filing of the Bill of indictment against him, that he does not know whether said subpoena has been served or not, that he expects to prove by said Payne, that on the day the killing took place, he sent said Payne to the deceased to purchase some articles in his store and that he then spoke of the deceased in the kindest terms to said Payne, that he told